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UNIVERSITY OF JAFFNA, SRI LANKA

FACULTY OF ARTS, DEPARTMENT OF LAW

BACHELOR OF LAWS - IN COURSE ASSESSMENT I

YEAR III, SEMESTER I
ALALC 31014
ADMINISTRATIVE LAW
2021/L/012

COMMENTS OF THE EXAMINER:

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WORD COUNT:
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INTRODUCTION

Professor Sujeewa Amarasena was the vice chancellor of the University of Ruhuna. He

graduated from the same university with MBBS in pediatrics in 1985. He was removed from

his possession by the Minister of Education, Higher Education and Vocational Education on

the 24th of November 2024. The university students with all academic and non-academic staff

trade unions had started a strike for demanding the immediate removal of the vice chancellor,

Professor Sujeewa Amarasena from 19th of November. Therefore there was a discussion with

the Prime Minister, Harini Amarasuriya and The University Trade Union Joint Committee,

The Federation of University Teachers’ Trade Union and the representatives of the students

regarding this issue and after that the vice chancellor was removed from his possession.

Instead of Professor Sujeewa Amarsena, Professor R.M.U.S.K. Rathnayake was appointed as

the competent authority of the possession to keep the stability of the university. Punishing

students unfairly, giving false allegations, and try to suppress students who worked against

his decision using his people, financial mismanagement and abuse of power were the reasons

for starting the strike.However He has rejected all of those allegations against him raised by

the Student Union and the non-academic people and the other people who joined with the

strike.

When inquired by Ada Derana, Senior Prof. Amarasena maintained his innocence, stating,

“I have informed the Minister of Education, the Secretary, and the University Grants

Commission that I categorically deny all allegations against me and have no intention of

stepping down. Multiple investigations have been conducted regarding these claims, and I

believe that sufficient evidence has not been come out to confirm the allegations. If the

allegations had merit, I believe the government would have already taken action against

me.”1
1
“Ruhuna Uni. VC Denies Allegations, Refuses to Resign amid Strike” <http://adaderana.lk/news.php?
nid=103636> accessed by 22 December 2024
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ILLEGALITY

The issue is whether the minister decision of removing Professor Sujeewa Amarasena was

illegal. The Vice Chancellor was removed by the minister according to the Section 20(4) (b)

of the Universities Act, No. 16 of 1978.

20. (4) Where the Minister is satisfied that, due to any strike or lockout or any other cause,

the work or administration of any Higher Educational Institution has been seriously

dislocated and that the Authorities of such Higher Educational Institution have failed to

restore normal conditions, the Minister may take all such measures as may be necessary to

ensure the restoration of normal conditions in such Higher Educational Institution. Pending

the restoration of normal conditions, the Minister may, by Order published in the Gazette,

make all such provisions as he may deem necessary in respect of all or any of the following

matters relating to such Higher Educational Institution:- (b) the appointment of any

person by name or by office, to be a competent authority for the purpose of exercising,

performing or discharging, in lieu of any officer, Authority or other body of such Higher

Educational Institution, any power, duty or function under this Act or any appropriate

Instrument2

According to that, the Minister has acted within the power granted by the University Grant

Commission under the University Act No. 16 of 1978. Because it’s a minister duty to control

the situation of the educational institute. The strike was going to be bad and it effected to the

control of the university.

Illegality means acting ultra vires. If any action exceed the limit of the powers it is not

appropriate. When come into this situation there is no any violation of this matter. Because

the minister has acted within the legal framework.

2
Universities Act, No. 16 of 1978 (Sri Lanka), s 20(4) (b).
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RIGHT TO FAIR HEARING

In administrative law, right to a fair hearing is a fundamental principle of natural justice. It is

a legal principle that help to ensure the fairness of decision making.

It is based on two principles:

 Audi Alteram Partem

 Nemo Judex in Causa Sua

‘Audi Alteram Partem’ means that, everyone has the right to be informed about any decision

that affect to their rights or interests. They have a right to give the response to allegations or

evidence. ‘Nemo Judex in Causa Sua’ means the person who make the decision has to be

impartial at the time of taking the decision.

If any person affected by any decision, it can be justified by this principle. So that person has

the opportunity to bring his case to the impartial authority for justifying. Therefore the rights

of the people are protected by this.

There are three steps of right to fair hearing:

1) When is a hearing required?

2) Exceptions

3) Procedural protection
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REFERENCES

“Strike at University of Ruhuna Continues for Fourth Day”

<http://www.adaderana.lk/news.php?nid=103683>
“Ruhuna University Strike Ends as Vice-Chancellor Is Removed” (Hiru News)
<https://www.hirunews.lk/english/388946/ruhuna-university-strike-ends-as-vice-chancellor-
is-removed>
“About” (VC Offfice) <https://adm.ruh.ac.lk/vcoffice/index.php/about-us>
University Grants Commission Sri Lanka, Acts of Parliament Relating to Universities (UGC,
undated)<https://www.ugc.ac.lk/index.php?
option=com_content&view=article&id=28&Itemid=195&lang=en>

BIBLIOGRAPHY
Universities Act, No. 16 of 1978 (Sri Lanka)